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"Although we have the utmost respect for the court, the refusal of Tom Benson’s counsel to allow Tom Benson to take the witness stand further evidences Tom Benson’s diminished capacity and serves to suppress the truth," attorney Randy Smith said in a statement.

Smith has been representing Renee Benson, Rita LeBlanc and Ryan LeBlanc throughout the court proceedings. The three ousted heirs believe that Tom Benson's is in "mental decline" and that "compelling evidence" that was presented confirms it.

"Indeed, without the essential building block of memory that the court references, decisions are susceptible to being made without factual basis or upon false information," Smith said in the statement.

Smith said the appeal focuses on the denial of multiple requests to question Tom Benson before and during trial. Instead, the three ousted heirs allege that Tom Benson's nurse, wife and lawyer provided statements in place of the multibillionaire.

"Renee, Rita and Ryan love their father and grandfather and hope the courts will eventually appoint a curator and undercurator to grant Tom Benson the protection he needs," Smith said in the statement.

Last week, a Civil District Court judge ruled that Tom Benson is mentally competent to continue running the New Orleans Saints and Pelicans.

Testimony wrapped up earlier this month in a hearing involving Tom Benson and his family, Renee, Tom Benson's daughter, and Rita and Ryan LeBlanc, his grandchildren. Court proceedings sought to determine whether Tom Benson was capable of running the professional football and basketball franchises.

Earlier this year, the estranged heirs questioned the billionaire's ability to oversee the day-to-day operations of the Saints and Pelicans after he changed his will and named his wife, Gayle Benson, to succeed him as the owner of the two teams.